Fight Your Unsafe Turn Ticket In Ontario

What is a Turn Not in Safety ticket?

A traffic ticket for turn not in safety is often the result of a motor vehicle accident when one vehicle is alleged to have made an unsafe right or left turn in front of another vehicle with the right of way. Although it is considered to be a minor offence, it is still a moving violation, therefore there are implications for being convicted of an unsafe or improper turn charge, including:

• Demerit points
• Insurance increases
• Fines
• A conviction on your driving record

Each one of these penalties can be a factor in a driver’s decision to fight their unsafe turn violation. 

What does the law say about Turn – Not in Safety or Improper Turn tickets?

If you receive a ticket or summons for an unsafe turn in Ontario, you will likely be charged under section 142(1) or 142(2) of the Highway Traffic Act, which addresses signalling and turning safely as follows:

Turning at intersections

Right turn at intersection

(2) Where a driver or operator of a vehicle intends to turn to the right into an intersecting highway, he or she shall, where the highway on which he or she is driving has marked lanes for traffic, approach the intersection within the right-hand lane or, where it has no such marked lanes, by keeping immediately to the left of the right curb or edge of the roadway and he or she shall make the right turn by entering the right-hand lane of the intersecting highway where the lane is marked or, where no such lane is marked, by keeping immediately to the left of the right curb or edge of the roadway being entered.  R.S.O. 1990, c. H.8, s. 141 (2).

Left turn, at intersection

(6) Where a driver or operator of a vehicle intends to turn to the left into an intersecting highway, he or she shall, where the highway on which he or she is driving has marked lanes for traffic, approach the intersection within the left-hand lane provided for the use of traffic moving in the direction in which his or her vehicle is proceeding or, where it has no such marked lanes, by keeping immediately to the right of the centre line of the highway and he or she shall make the left turn by entering the intersection to the right of the centre line or its extension and by leaving the intersection in the left-hand lane provided for the use of traffic moving in the direction in which his or her vehicle is proceeding where the lane is marked or, where no such lane is marked, by passing immediately to the right of the centre line of the intersecting highway.  R.S.O. 1990, c. H.8, s. 141 (6).

Signalling turns and stops

Signal for left or right turn

142 (1) The driver or operator of a vehicle upon a highway before turning to the left or right at any intersection or into a private road or driveway or from one lane for traffic to another lane for traffic or to leave the roadway shall first see that the movement can be made in safety, and if the operation of any other vehicle may be affected by the movement shall give a signal plainly visible to the driver or operator of the other vehicle of the intention to make the movement.  R.S.O. 1990, c. H.8, s. 142 (1).

Signal when moving from parked position

(2) The driver or operator of a vehicle parked or stopped on the highway before setting the vehicle in motion shall first see that the movement can be made in safety, and, if in turning the vehicle the operation of any other vehicle may be affected by the movement, shall give a signal plainly visible to the driver or operator of the other vehicle of the intention to make the movement.  R.S.O. 1990, c. H.8, s. 142 (2).

What defences are available for an unsafe turn ticket in Ontario?

The Highway Traffic Act is the governing legislation for turn not in safety or unsafe lane change tickets. It sats that, before making a turn, a driver must:

1. Ensure the turn or movement can be made safely, and
2. Give a signal to other drivers to indicate the intention to turn/move

This simply means that a driver must look first, determine it is safe to proceed, signal their intention to turn or move, and proceed safely. But what if all these steps are followed and a police officer still issues an unsafe turn ticket to a driver, or if an accident occurs regardless? Or what if an officer observes a driver turning safely but the driver didn’t signal the turn? In these situations, you may have a defence to the charge. A turn not in safety ticket is a strict liability charge. This means that you may have a winnable case in court if you contest the ticket.